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Kish4000

CCA Time Frame

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Hi Guys

I joined last year when things were getting a bit difficult for my wife and I as she lost her Job. (we are not currently in arrears or default on any credit cards)

When we were in trouble, Virgin and Barc in particular were making things very difficult for us and its time i paid back the favour (and claimed back the charges they took!)

As far as understand, if i CCA them and they dont respond in 12+2 working days (is this time frame correct?) then the debt is in dispute and technically unenforceable unless they have your CCA?

Also, I have access to all details their charges online, so if i put together a schedule and send it to them, do realistically have a chance of getting them back without going to court? Over £1,000

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Hi,

 

Yes, your right about the 12 + 2 days, the debt is in dispute and technically unenforceable unless they have your CCA.

 

Regarding your charges, yes put in a claim, Credit Cards have nothing to do with the 'test case', so you should get paid or recieve an offer before the need for issuing a court claim.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Thanks MaroonDevo!

 

If i request the CCA and say they dont send it to me for 2 months and i put the account in dispute, can they produce it after a period of time (im talking about the original and [if] properly executed copy) and then claim the full balance i owe them?

 

Or becuase they didnt respond with the CCa in 12+2 days, that makes the CCA uneforceable itself!?

 

thanks alot

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Hi,

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist.The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks for the quick reply! Much appreciate all your advice.

 

From the last paragraph you wrote, are you saying that if they dont have my CCA, i could make them a Full and Final offer of settlement in respect of the debt and close the matter?

 

the otherside to this would be that if i just put the account into dispute and say "enforce it" one day they might actually find the agreement!

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the otherside to this would be that if i just put the account into dispute and say "enforce it" one day they might actually find the agreement!

 

Yep, Lord Lucan could have it :)

 

No, know what you mean, it's a risk some people take.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Great, thanks for your help

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